K. Madhavulu v. P. Naga Lakshmaiah

HON'BLE SRI JUSTICE S.V.BHATT C.R.P. No.5267 OF 2016 ORDER:

Heard Mr.B.Narasimha Sharma, counsel for petitioner. The revision is filed against order dated 06.09.2016 in I.A. No.178 of 2016 in O.S. No.27 of 2012 in the Court of VI Additional District Judge, Kurnool. The defendant in the suit is the revision petitioner.

The revision petitioner filed I.A. No.178 of 2016 under Order 26 Rule 1 CPC to appoint Advocate Commissioner to record the evidence of one K.Shamanthakamani, who is mother of petitioner. The respondents filed the suit for specific performance of agreement of sale dated 06.12.2010.

After perusing the material available on record and the order impugned in the revision, this Court is of the view that the revision petitioner failed to establish the illness of the witness to appoint Advocate Commissioner and no other ground is urged. Therefore, the revision fails and is dismissed. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________ S. V. BHATT, J Date:01.11.2016 Stp